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Plemmons v. State

The trial court properly denied the defendant's motion in limine to exclude evidence that he refused state-administered chemical testing because, under the totality of the circumstances, the defendant was arrested prior to the request for such testing.

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Glenn Plemmons was convicted of driving under the influence to the extent that he was a less safe driver “DUI less safe1 and driving on the wrong side of the road.2 Plemmons appeals the trial court’s subsequent denial of his motion for new trial, 1 arguing that the trial court erred by admitting his refusal to submit to State-administered chemical testing, and 2 challenging the sufficiency of the evidence. We affirm for the reasons that follow.

Construed in favor of the verdict,3 the record shows that on the evening of November 24, 2009, Melissa Reed was standing outside when she observed Plemmons’s truck traveling quickly down the middle of a residential street. As Plemmons traversed a curve in the road, he lost control of the vehicle, veered off the road, and struck a fire hydrant, ripping it out of the ground.4 Although the engine was still running after the impact, Plemmons attempted to restart it.

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